Div 2Offences against applicable provisions

Division 2—Offences against applicable provisions 28—Object (1) The object of this Division is to further the object of this Part by providing— (a) for an offence against an applicable provision of South Australia to be treated as if it were an offence against a law of the Commonwealth; and (b) for an offence against an applicable provision of another jurisdiction to be treated in South Australia as if it were an offence against a law of the Commonwealth. (2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but without limitation)— (a) the investigation and prosecution of offences; and (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and (c) proceedings relating to a matter referred to in paragraph (a) or (b); and (d) appeals and review relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and (e) the sentencing, punishment and release of persons convicted of offences; and (f) fines, penalties and forfeitures; and (g) liability to make reparation in connection with offences; and (h) proceeds of crime; and (i) spent convictions. 29—Application of Commonwealth laws in relation to offences against applicable provisions (1) The Commonwealth laws apply as laws of South Australia in relation to an offence against the applicable provisions of South Australia as if those provisions were laws of the Commonwealth and were not laws of South Australia. (2) For the purposes of a law of South Australia, an offence against the applicable provisions of South Australia— (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and (b) is taken not to be an offence against the laws of South Australia. (3) Subsection (2) has effect for the purposes of a law of South Australia except as prescribed by regulations under section 80. 30—Application of Commonwealth laws in relation to offences against applicable provisions of other jurisdictions (1) The Commonwealth laws apply as laws of South Australia in relation to an offence against the applicable provisions of another jurisdiction as if those provisions were laws of the Commonwealth and were not laws of that other jurisdiction. (2) For the purposes of a law of South Australia, an offence against the applicable provisions of another jurisdiction— (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and (b) is taken not to be an offence against the laws of that jurisdiction. (3) Subsection (2) has effect for the purposes of a law of South Australia except as prescribed by regulations under section 80. (4) This section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside South Australia. 31—Functions and powers conferred on Commonwealth authorities (1) A Commonwealth law applying because of section 29 that confers on an officer or authority of the Commonwealth a function or power in relation to an offence against the applicable provisions of the Capital Territory also confers on the officer or authority the same function or power in relation to an offence against the corresponding applicable provision of South Australia. (2) A Commonwealth law applying because of section 30 that confers on an officer or authority of the Commonwealth a function or power in relation to an offence against an applicable provision of the Capital Territory also confers on the officer or authority the same function or power in relation to an offence against the corresponding applicable provision of another jurisdiction. (3) The function or power referred to in subsection (2) may only be performed or exercised in South Australia. (4) In performing a function or exercising a power conferred by subsection (1) or (2), an officer or authority of the Commonwealth must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding applicable provision of the Capital Territory. (5) A Commonwealth law applying because of section 29 or 30 applies as if it did not contain any provision empowering a Minister of State for the Commonwealth to give any directions in relation to the performance of a function or the exercise of a power conferred by subsection (1) or (2). 32—Reference in Commonwealth law to a provision of another law A reference in a Commonwealth law to a provision of that or another Commonwealth law is taken, for the purposes of section 29 or 30, to be a reference to that provision as applying because of that section.